282 Mass. 301 | Mass. | 1933
The plaintiff in this suit in equity seeks to recover his share of rents and of the proceeds of a sale of real estate in which he asserted rights as tenant by the curtesy. The bill alleges that the father of the wife of the plaintiff died intestate in 1896, seised of the real estate, leaving a widow who died in 1924 and two daughters, the defendant Horte and the wife of the plaintiff; that the wife of the plaintiff, being thus a part owner of the real estate, died intestate in 1897 leaving the plaintiff and three children; that the mother of the plaintiff’s wife never had dower assigned to her but occupied the real estate by com
The plaintiff argues that because his right to recover anything was contested, and his attention was centered on that point at the hearings before the master, he is now entitled to a further hearing on the account. There is no merit in this contention. The plaintiff brought his bill. He had his day in court. It was his privilege and duty then to present all his evidence in support of every issue raised by his bill and the answers or else forever after remain silent. The matter of costs in this suit in equity was entirely within the discretion of the judge. G. L. (Ter. Ed.) c. 261, § 13. Lewenstein v. Forman, 223 Mass. 325, 328. Rule 5 of the Superior Court (1932). Other suggestions presented by the plaintiff are irrelevant to any issue raised by the appeal and need not be discussed.
Decree affirmed.